Minutes 1996/04/16
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,
Posting
Notice
Present
Appeal
Hearing
6793
special Meeting
April 16, 1996
Gilroy, California
The city Clerk noted that the Notice had been posted on
April 11, 1996 - 10:30 a.m.
Present: councilmembers: K. A. Mike Gilroy, Charles s.
Morales, suellen C. Rowlison, Thomas W. springer, Pete valdez, Jr.
and Donald F. Gage; 7:30 p.m.; Absent: Councilmember: connie
Rogers.
The Mayor noted that it was the time and place scheduled for
the continued special Meeting on the Appeal Hearing on the
decision of the City Administrator to revoke the regulatory bar
permit of club As de Oros, 7387 Monterey street, Gilroy, CA.
6794
Attorney Cantu stated that he had only one additional
witness. The Mayor noted there would be one additional witness;
recess and closing statements at twenty minutes each and then he
would open the meeting to the public to speak on this issue.
At 7:35 p.m. councilwoman Rogers entered and took her seat
at the council table.
Mr. Arthur cantu, Attorney representing club As de Oros
called his witness Rick sanchez, owner of clearwater Investiga-
tions. He was sworn in by the Mayor and questioned by Mr. Cantu.
The city Administrator cross examined Mr. Sanchez.
At 7:53 p.m. the Mayor declared a recess and reconvened the
meeting at 8:03 p.m.
city Administrator Baksa gave his closing statement. At
8:15 p.m. Mr. Cantu gave his closing statement.
At 8:26 p.m. the Mayor declared a recess and reconvened the
meeting at 8:26 p.m.
The Mayor asked if there was anyone in the audience wishing
to speak on the issue.
Miguel Paredes, 7781 Church street, addressed the council
and thanked the council for allowing a spanish interpretor during
the proceedings. He stated that the owner was irresponsible and
that lack of education is not an excuse. He further noted the
council has always treated him fairly and not disrespectfully
because of his race. He spoke to the possible revocation or
suspension of the Bar Permit and interrogation of the minor
witnesses.
cynthia walker, 7233 Hanna street, addressed the council and
noted she often walks by the club As de Oros and that there are
signs in the window indicating young girls to be dancing at that
location.
Diane Nueno, resident of Gilroy, addressed the council and
noted that she respects the police officers and minors and
believes that the club As de Oros needs to be closed.
Lupe Garcia addressed the council and noted that she is a
patron of club As de Oros and that the community is very racist
and believes that Manuel de la Cruz was not given a fair hearing
and should have been allowed all evidence requested.
Andrew Faber, Acting city Attorney, summarized the
applicable law for the council. He further explained that the city
Administrator is requesting that the Bar Permit be revoked and
council can agaree, modify or suspend said permit. He further
noted that if council finds that there are repeated violations at
the club, it would be grounds to revoke the permit. He stated
that knowledge of Mr. de la Cruz is not required and not needed to
justify revocation. He stated that Council must decide whether or
not to make findings that justify revocation based on evidence
presented and if revoked must make findings based solely upon
evidence either presented in writing or orally during the hearing.
Discussion was had by council.
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Motion was made by councilman Gilroy seconded by councilman
springer to make the findings requested by the city Adminstrator,
specifically items 1-6 of the staff Report, Exhibit 1, and to
uphold the city Administrator's decision to revoke the regulatory
bar permit of club As de Oros, and to direct staff to prepare a
resolution for consideration at the April 22, 1996 regular council
Meeting. The motion was passed by the following Roll Call Vote:
Ayes: Councilmembers: Gilroy, Morales, Rogers, Rowlison, springer,
Valdez and Gage.
Adjrnmt.
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6795
Acting city Attorney Faber stated that the revocation would
be effective upon the adoption of the resolution of findings on
April 22, 1996.
The ~ayor explained the action taken by Council to Mr.
Arthur Cantu and club As de Oros owner. He further thanked the
audience and participation in this issue.
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At 9:50 p.m. the Mayor adjourned the meetjng.
Respectfully submitted,